Malicious fire damage to a buy to let property in Belfast caused substantial damage throughout he building, to the structure and roof. The insured made a claim however indemnity was refused by the insurer who alleged that material conditions of the insurance policy including that the property was unoccupied, services and utilities had not been disconnected properly and that the property had not been made secure. The insurer went to great expense by way of forensic expert reports to prove that the insurer had failed to adhere to his obligations. We were able to prove that the property was under constant supervision through a redecoration period and that any breach of condition did not contribute to the damage suffered. Proceedings in the High Court followed and after the exchange of evidence and expert reports settlement was reached on the morning of the hearing in order to adequately compensate the insured for his loss.
We were able to call upon our experts from the insurance industry, quantity surveyors, structural engineers and chartered surveyors to ensure that our client received maximum compensation to re-instate the building and for loss of rental income together with any costs associated. We used Junior and Senior Counsel who specialize in this area of law.
We have experience in high value claims against insurers who resist payment seeking to rely on non-material conditions. If you are having difficulties with your insurer please contact us to discuss how we can help.
